In Indian constitution, under section 383, it is stated that if someone induces any person for delivery of property or valuable or puts the fear of injury than he/she commits extortion. The punishment for the same offense is mentioned in section 384 of the code. This code is the same that of the theft.
Ingredients of Extortion
There are many different ingredients which can make up for extortion. Here are those:
When a person is put under the fear of injury. This can be to himself or someone else. This act is done dishonestly to induce the person so that he/she delivers the personal property or something valuable.
Examples of Extortion
X is the person that is threatening to publish the defamation concerning the person Z. X will not go ahead with this unless and until Z does not give him the money. Thus, X induces Z to give him the money. So, in this case, it can be said that X has committed the extortion.
The person X sends club-men to threaten Z unless the person Z signs and deliver the required bonding to the club-men. This is done under a penalty where Z needs to deliver certain products to the club-men. Thus, in this case, Z has been induced to sign and deliver the bond. So, in this case, X has committed the crime.
When X threatens Z that he/she will keep the child of Z under any wrongful confinement. Also, it can be avoided only when Z signs and deliver the promissory note to X. This note states that Z needs to pay certain money to X. So, in this case, also X has committed the crime.
When X puts Z grievously in a fear of hurt and thereby makes Z sign or affix its seal dishonestly on a blank paper and give it to X. Thus, Z signs the blank paper and gives it to X. So, in this case, the paper which is signed may be used as a valuable security. Thus, in this case, it can be said that X has committed the crime.
Browse more Topics under Indian Penal Code
- efinition and Meaning of Crime
- Difference between Crime and Tort
- Theories and Kinds of Punishment
- Stages of Crime
- Elements of Crime
- Codification of Law of Crime in India
- Abetment under IPC – Insitgation, Conspiracy, Aid
- Offence affecting Life – Hurt Part I (Section 319 to Section 325)
- Offence affecting Life – Hurt Part II (Section 325 to Section 338)
- Offence Affecting Property – Theft
- Offence Affecting Property – Robbery and Dacoity
- Offence Affecting Property – Criminal Misappropriation of Property
- Offence Affecting Property – Criminal Breach of Trust
- Offence Affecting Property – Receiving of Stolen Property
- Offence Affecting Property – Cheating
- Offence relating to Marriage – Cruelty caused by Husband or relative of Husband
- Offence against Public Tranquility: Unlawful Assembly, Rioting, Affray
- Criminal Intimidation, Insult, and Annoyance
- Offences against State
- Offences Relating to Religion – IPC 295Offences Relating to Elections
Punishment for Extortion
Whosever, in order to commit the extortion attempts or puts any person in fear against the will of that person or someone else of attempted to commit or having committed, is liable for the punishment. This punishment can be imprisonment for life or punishment of death.
Also, it can be imprisonment for a term which can be extended for ten years and will be liable to monetary fine. This is done when the punishment is an offense under section 389. If the punishment is an offense under section 377 of the extortion code than he/she will be imprisoned for life.
There are other sections also under which a person can be punished. Under section 384, a person can be punished for extortion. Section 385 is applicable when a person puts the fear of injury in order to commit the crime. While section 386 is applicable for fearing the person with death or hurt them badly. The crime was done in order to commit extortion by putting the person in fear of grievous hurt or death.
Practice Questions on Extortion
Q. To acquire the valuable property, X has tried to fear Y with death or as warned him to get hurt badly. This offense of extortion come under which section of extortion?
A. Section 389
B. Section 384
C. Section 387
D. Section 386
Answer: D. Section 386